93 Decision Citation: BVA 93-10221
Y93
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
DOCKET NO. 92-18 477 ) DATE
)
)
)
THE ISSUES
1. Entitlement to service connection for an acquired
psychiatric disorder, to include post-traumatic stress
disorder.
2. Entitlement to service connection for defective hearing.
3. Entitlement to a 10 percent disability evaluation for
multiple noncompensable service-connected disabilities,
under the provisions of 38 C.F.R. § 3.324.
REPRESENTATION
Appellant represented by: Department of Veterans Affairs,
Colorado
ATTORNEY FOR THE BOARD
C. S. Freret, Counsel
INTRODUCTION
The appellant had active military service from June 1984 to
August 1991.
This case comes before the Board of Veterans' Appeals
(Board) on appeal of a March 1992 rating decision by the
Denver, Colorado, Regional Office (RO), which denied
entitlement to service connection for post-traumatic stress
disorder and defective hearing, and denied entitlement to a
10 percent disability evaluation for multiple noncompensable
service-connected disabilities, under the provisions of
38 C.F.R. § 3.324. A notice of disagreement as to the
denial of service connection for post-traumatic stress
disorder was received in April 1992. A statement of the
case as to the issue of entitlement to service connection
for post-traumatic stress disorder was issued in June 1992.
A VA Form 1-9 was received in June 1992 and served as the
substantive appeal for the issue of entitlement to service
connection for post-traumatic stress disorder and served as
the notice of disagreement as to the issue of entitlement to
a 10 percent evaluation under 38 C.F.R. § 3.324. A
supplemental statement of the case, issued in July 1992,
dealt with the issues of entitlement to service connection
for post-traumatic stress disorder and entitlement to a
10 percent disability evaluation for multiple noncompensable
service-connected disabilities. The notice of disagreement
as to the issue of entitlement to service connection for
defective hearing was received in August 1992. A
supplemental statement of the case was issued in August
1992. The substantive appeal as to the issues of
entitlement to service connection for defective hearing and
entitlement to a 10 percent disability evaluation for
multiple noncompensable service-connected disabilities was
received in June 1992. The case was received and docketed
at the Board in October 1992.
REMAND
The appellant argues that he has post-traumatic stress
disorder that developed as a result of his experiences in
Saudi Arabia during Desert Storm. He contends that he was
in constant fear of being incinerated because he was in
charge of fuel storage areas at his base and lived under the
constant threat of being hit by a SCUD missile. He also
claims that concern over whether his gas mask and protective
clothing would work in the event of the employment of
chemical warfare by the enemy caused him great anxiety. He
also maintains that the Department of Veterans Affairs (VA)
cannot disregard the diagnosis of post-traumatic stress
disorder rendered by its own physician at the November 1991
VA medical examination.
The VA has a duty to assist the appellant in the development
of facts pertinent to his claim. 38 U.S.C.A. § 5107(a)
(West 1992); 38 C.F.R. § 3.103(a) (1992). The United States
Court of Veterans Appeals (Court) has held that when the
Board believes the medical evidence of record is
insufficient it may supplement the record by ordering a
medical examination. Colvin v. Derwinski, 1 Vet.App. 171
(1991). Accordingly, this case is REMANDED to the RO for
the following actions:
The appellant's entire claims folder
should be reviewed by a board of two VA
psychiatrists. After the above review,
the board of psychiatrists should each
examine the appellant in order to
establish what psychiatric disorders, if
any, are present. If there are different
psychiatric disorders, the examiners are
to associate, insofar as possible, the
specific symptoms with each disorder. If
the diagnosis of post-traumatic stress
disorder is deemed appropriate, the
examiners should specify the "stressors"
that caused the disorder and the actual
basis upon which they relied to establish
the existence of the stressors. All
necessary special studies or tests are to
be accomplished, to include psychological
testing and evaluation. The clinical
findings are to be reported legibly and
in detail. The diagnoses should be in
accordance with American Psychiatric
Association: Diagnostic and Statistical
Manual of Mental Disorders (3rd ed. rev.
1987).
After completion of the development described above, the RO
should review the appellant's claims with regard to the
additional evidence obtained. If the benefits sought on
appeal remain denied, a supplemental statement of the case,
should be furnished to the appellant and his
representative. They should be afforded a reasonable period
of time to respond. Thereafter, the case should be returned
to the Board for further appellate consideration.
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
*
HARRY M. McALLISTER, M.D.
J. U. JOHNSON
*38 U.S.C.A. § 7102(a)(2)(A) (West 1991) permits a Board of
Veterans' Appeals Section, upon direction of the Chairman of
the Board, to proceed with the transaction of business
without awaiting assignment of an additional Member to the
Section when the Section is composed of fewer than three
Members due to absence of a Member, vacancy on the Board or
inability of the Member assigned to the Section to serve on
the panel. The Chairman has directed that the Section
proceed with the transaction of business, including the
issuance of decisions, without awaiting the assignment of a
third Member.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United
States Court of Veterans Appeals. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b)).